The old Bow Mansion is situated at the end of Ship Street in a quiet neighborhood populated with a variety of home styles, from stately colonials to modern contemporary designs. With views of the harbor and beach access, it is for many the perfect vacation spot. But very limited commercial rental property makes sourcing a place to stay difficult. So the question is, may property owners rent their homes to vacationers in residential districts?

On June 15, the Mattapoisett Zoning Board of Appeals was challenged to either uphold a Cease and Desist Order issued by Director of Inspectional Services Andy Bobola, or rescind it in favor of Caroline Whitney, partner in the Ship Street LLC, registered owners of 2 Ship Street.

After receiving numerous complaints from abutters – complaints that ranged from loud weekend parties, events being held on the property, and an abundance of cars stacked up along the narrow dead end roadway – and questions about the legality of the property being rented out to vacation visitors versus being used by family, Bobola issued the Cease and Desist.

On this night represented by attorney Patricia McArdle, Whitney came before the ZBA to appeal the order.

McArdle explained that the large multi-family structure has been owned by Whitney and her extended family members, the Blakes, since 1953 and had more recently been placed into a limited liability corporation for estate planning purposes.

“Over the years the family has grown,” McArdle said, with more than 30 relatives now involved with the property.

Of the complaints, McArdle said Whitney had a right to rent the house to non-family members and that she had put in place many rental restrictions to ensure peaceful and “respectful” use of the property in deference to the neighbors. She claimed, however, that in spite of Whitney’s best efforts, the neighbors “kept asking for more.”

“It’s harassment of the family,” stated McArtle.

McArdle demonstrated Whitney’s efforts by producing a copy of the rental agreement that stipulates weddings, reunions, and similar events are not permitted. She also produced documents that showed Whitney advising violators that they would not be allowed to rent the property again. She said all care and consideration of the neighborhood had been provided for, including parking restrictions and clean up requirements. Nothing, McArdle indicated, appeased the abutters.

McArdle also explained that the property, listed on many real estate websites with a value nearing $2 million, came with a big tax bill. To offset property taxes, she said the trust rents it out. Real estate taxes are reported as approximately $26,000 per year.

But McArdle also said it was a family home. She said that only five weeks in the summer were rented out. The Whitneys and Blakes use it the rest of the season. But she did agree that such a large home welcomed more visitors than the average dwelling.

“It’s a large multi-family home with eleven bedrooms and two kitchens. It’s a one hundred-year-old home. What if she lived there now and had all her family over? …That wouldn’t be a violation…. She has the right to rent out her home.”

That was the rub, according to Bobola. The town’s bylaw 5.1.2 states what is allowed: Renting of rooms for not more than two (2) persons in a dwelling regularly occupied for residential purposes, provided no signs are displayed. He viewed Whitney’s activity as a violation of that restrictive language.

And while all the neighbors that were present at the meeting confirmed that they knew it was being used as rental property, all were willing to turn a blind eye until the last several years.

Neighbor Daniel Calano, 3 Ship Street, rose to speak. Calano said, “There are new large groups weekly. They arrive on Friday with ten cars or more…. This is not a family and friends property…. It’s a rental property.” He continued, “I’ve had years of discussions with the owner to try and work things out…. She is aggressively marketing to potential renters.”

Whitney’s posting on VRBO, a website for vacation rental properties, lists Bow Mansion this way: Eleven bedrooms for 21 to 27 people … ideal for multiple family occupancy … available for rent May through September. The posting also states: Large festivities or loud noise that interferes with our neighbors’ pleasures, most especially in the evenings is not allowed. It also states that entertainment of large groups of guests must be done elsewhere, no events shall take place at the property, and no party tents or other structures may be erected at the site without approval.

Calano, supported by fellow neighbors, said that a wedding was planned to take place on the property, but that they were not aggrieved over that single event. While they posed no objection to the wedding, Whitney, they claimed, would not agree to discontinue such events in the future for paying customers.

Town Counsel Jonathan Silverstein told the board members, “Any use that isn’t specifically permitted is not allowed. The current use does not meet those uses.” He continued, “The Town doesn’t have to allow any bedrooms to be rented out, but it does allow two bedrooms in owner-occupied homes.”

Hearing no new testimony, Chairman Susan Akin closed public participation and the board weighed the matter.

Board members Maryann Brogan, along with Paul Millott, Norman Lyonnaise, and Akin agreed that Whiney was not in compliance and was, in fact, accepting money in exchange for use of the property and therefore the order should stand. But member Kenneth Pacheco thought otherwise.

“What about all the other houses in town being rented out?” Pacheco wondered. Silverstein responded, “Other homes may be rented illegally, and when Andy finds out he’ll act.”

The vote was cast 4-1 in favor of the Cease and Desist standing.

The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for July 20 at 6:00 pm in the town hall conference room if there are hearings scheduled.

By Marilou Newell

A large showing of proponents and friends of the proposed Candy Pantry came before the Marion Planning Board on Monday night during the Community Outreach portion of its meeting to request relief from the lengthy permit process.

Patrick Kelly, the young man who is hoping to open the Candy Pantry within the barber shop at 428 Marion Road, came before the board flanked by his best friend, Zak Koplen, to ask the board to consider his proposal.

The board had issued a cease and desist letter to the young man, stating that his shop needed a special permit to operate at the location.

Currently, the Candy Pantry has been given permission to open within the Ropewalk Plaza in Mattapoisett.

Kelly asked the board, “May I please have my candy store at its original location at [the] barber shop?”

Planning Board Chairman Eileen Marum explained to Kelly that because the store required a special permit, it triggers a minor site plan review, including traffic and other considerations. Marum stated, “We would be pleased to consider your plan and the items you will be submitting to us,” adding that with proper documentation the board would be happy to approve the proposal.

Planning Board member Steve Kokkins said, “At first, I thought it was going to be just candy, and then I realized it would be ice cream and outside tables, which is a change of use.”

Member Chris Collings added, “I’ve been on the property and I’m very impressed with what you’ve done, and I’m excited to have another active business in town. Sorry for the bumps in the road.”

Koplen described to the board the broader benefits of the project for him and for Kelly, saying, “It is a wonderful opportunity to socialize in the community, and it is an honor to do this within this community.”

Marum described to Kelly the public hearing process and scheduled the hearing for July 10. In closing, Brian Kelly, Patrick’s father, addressed the board, raising the issue of timing.

“Patrick is only here for the summer. [Waiting until July 10] is a large part of his employment time….” He requested a temporary permit, offering the board some concessions in exchange for a temporary permit.

The senior Kelly suggested to the board that the tables, chairs, and ice cream could be removed from the immediate proposal. Marum said that she would need to bring it to town counsel, which she would do immediately. Marum remarked that “Everyone at this table has children, and we only want the best for them.”

The board authorized a temporary permit subject to town counsel’s approval. Board member Norman Hills expressed his support by saying, “I’ve been in the store and wasn’t sure I was in the same building!”

In other business, the board discussed a proposed Approval Not Required plan for a project at 111 Wareham Road submitted by Tad Wallenhaupt and his partner, Alex Urquart.

The project contemplates combining four existing lots into two lots.

Hills expressed concern, shared by the board, about the condition of Marvel Street, which will provide frontage for one of the lots. The other lot will get its frontage from Route 6.

The applicants’ engineer described Marvel Street as an approved road, which Hills said would need to be verified. Asked if there were any plans to improve Marvel Street, Wallenhaupt stated, “We are not prepared to talk about that – we have no engineered plans, no topography or anything.”

Marum, armed with a 25-foot tape measure, questioned the applicants’ description of the condition of Marvel Street, which is described as a 20-foot private way, saying she measured the width of the road prior to the meeting.

“It was nine feet, three inches wide from vegetation to vegetation. I’m sure from 6:15 until now, no improvements have been made!”

The board had questions about numerous aspects of the project, which the proponents could not answer at that time, saying that they needed the approval of the ANR plan before they moved ahead on any further engineering and legal work for the project.

Board member Jennifer Francis said that questions of access and drainage would be addressed through the site plan review. Hills suggested the ANR plan be approved subject to verification of Marvel Street being an approved road, for which the board voted unanimously.

The board then began the arduous task, led by Hills, of Zoning Bylaw codification. Hills brought before the board 10 bylaw changes to be reviewed this evening, most of which were passed with brief discussions. Some codification dealt with bringing town bylaw language into conformance with new language of relevant Massachusetts General Laws.

Hills was asked to bring back to the bylaw subcommittee language relating to the general business bylaws. Francis cited concerns about retaining control over future businesses that may not be contemplated and therefore not be enumerated in the bylaw, adding that she didn’t want to allow businesses “…by right to exist that we may not want to have in town but don’t even know what they may be in the future….”

Kokkins agreed, wondering aloud if there could be a paragraph added that could describe a broad ability of the Town to address this possibility. Hills raised questions relating to notes within the bylaws. “[The subcommittee] couldn’t understand what the note was trying to say, so we changed it to something we could understand,” Hills said. However, Francis raised some confusing issues, stating, “We need to make these clear – if it’s not clear to us, it won’t be clear to someone who is trying to interpret it.”

Additionally, Hills will be talking with the fire chief regarding fuel storage in town as it relates to all fuels, including ones not currently contemplated by the bylaw.

Marum’s report on her attendance at a Complete Streets Workshop dovetailed with Francis’ discussion of the work of the Transportation and Circulation Task Force.

The Task Force will be applying for up to $450,000 from the Complete Streets program to fund improvements to sidewalks and development of shared bike lanes among other projects. Marum noted that the program focuses on developing projects that consider the safety of all users, especially children and the elderly. It also encourages context sensitive design in which projects consider the type of road being improved, including historic, environmental and scenic qualities of the street.

A member of SRPEDD is on the Task Force, Francis noted, and will be helping with the proposal. The Town has also asked SRPEDD to do a Corridor Study of Route 6 from the Mattapoisett Line to the Wareham line, which will include data on speed, accidents, dimensions of the roadway, handicapped access, and sidewalk review. This study must be complete before the Town can access funds for work on Route 6.

Kokkins submitted to Francis what he described as an “idea document” for the Task Force to consider as they develop plans for the improvement of Route 6.

Finally, Hills and Francis asked the board to authorize them to make an offer to a candidate from Rhode Island to be the part-time town planner, which the board enthusiastically approved.

            The next meeting of the Marion Planning Board is scheduled for July 10 at 7:00 pm at the Police Station Community Room located at 550 Mill Street.

Marion Planning Board

By Sarah French Storer

Shortly before 7:00 am the Rochester Police, Fire, and EMS were called to the report of a crash involving a truck on Mary’s Pond Road at the bridge on the Sippican River.

When they arrived on the scene, they found that a tractor-trailer truck had flipped into the Sippican River at the bridge at Bates’s Road.

Neighbors reported that the driver, who was travelling eastbound on Mary’s Pond Road, was approaching an oncoming truck where the road narrows.

Damage at the scene showed that the passenger side front tire of the truck had contacted the curb at which time it blew out. The dragging tire, along with the momentum of the truck with a full load of gravel, dragged the truck forward and to the right. The truck then impacted the guardrail at the bridge and rolled into the river.

Police Chief Paul McGee, who was controlling the many facets of the scene, had a moment to report that the driver “was extricated by the Rochester Fire and transported to a Rhode Island hospital by helicopter.” Magee said there is no update on his status, “but with a crash of this magnitude, it’s standard procedure to airlift the patient.”

Workers are trying to control as much of the spill as they can at this time, Magee added.

By 9:00 am, other agencies had arrived on the scene including utility crews who were needed to remove utility and power wires above the crash before the truck could be lifted out of the water via crane.

The Marion Harbormaster’s office was on scene to assess the possible impact downstream, as the Sippican River is a source of water for cranberry bogs and residential wells and leads to the ocean though Marion Harbor.

The Massachusetts State Police were also on scene to assess the situation as the incident involved commercial trucking, which is overseen by their agency.

Damage to the bridge was extensive as the remaining guardrail was removed to access the situation.

The bridge had been rebuilt just over ten years ago.

This story will be updated as more information becomes available.

By Paul Lopes and Jean Perry